SENATE COMMITTEE ON JUDICIARY

 

 

May 12, 2003                                                                                                       Hearing Room 343

8:00 a.m.                                                                                                                       Tape 126-127

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Ted Ferrioli

Sen. Charlie Ringo

Sen. Charles Starr

Sen. Vicki Walker

 

 

STAFF PRESENT:                 Craig Prins, Counsel

                                                Bill Taylor, Counsel

                                                Bill Joseph, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           SB 880 Work Session

HB 2449 Public Hearing and Work Session

HB 2063A Public Hearing and Work Session

HB 2101 Work Session

HB 2594 Public Hearing

HB 2284 Public Hearing

HB 2279A Public Hearing

 

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 126, A

003

Chair Minnis

Calls the meeting to order at 8:15 a.m. and opens a work session on SB 880.

SB 880 WORK SESSION

005

Craig Prins

Committee Counsel.  Introduces SB 880 that establishes amount of supersedeas undertaking required for stay of certain judgments if judgment is against tobacco product manufacturer that is making payments to state under Master Settlement Agreement or related legislation, and the -2 amendments (EXHIBIT A).

033

Vice Chair Burdick

Asks if ORS 293.535 is the master settlement statute.

039

Prins

Says, yes. Discusses the -3 amendments (EXHIBIT B).

064

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 880 -2 amendments dated 4/9/03.


 

 

 

VOTE:  4-1-1

AYE:               4 - Burdick, Ferrioli, Starr C., Minnis

NAY:               1 - Ringo

EXCUSED:     1 - Walker

066

Chair Minnis

The motion CARRIES.

067

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 880-3 amendments dated 4/9/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Walker

069

Chair Minnis

Hearing no objection, declares the motion CARRIED.

071

Vice Chair Burdick

MOTION:  Moves SB 880 to the floor with a DO PASS AS AMENDED recommendation.

077

Vice Chair Burdick

Discusses the purpose of SB 880 and why she strongly supports it. Explains her support is not for the benefit of the tobacco industry.

098

Sen. Ringo

Expresses his opposition.

116

Chair Minnis

Addresses his agreement with the Vice Chair.

118

 

VOTE:  4-2

AYE:               4 - Burdick, Ferrioli, Starr C., Minnis

NAY:               2 - Ringo, Walker

126

Chair Minnis

The motion CARRIES.

SEN. MINNIS will lead discussion on the floor.

133

Chair Minnis

Closes the work session on SB 880 and opens a public hearing on HB 2449.

HB 2449 PUBLIC HEARING

141

Sen. Charles Ringo

Senate District 17. Introduces HB 2449 that increases civil penalties for abuse of elderly or incapacitated person to three times actual economic and non-economic damages.

459

Chair Minnis

Closes the public hearing on HB 2449 and opens a work session.

HB 2449 WORK SESSION

177

Vice Chair Burdick

MOTION:  Moves HB 2449 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

181

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

188

Chair Minnis

Closes the work session on HB 2449 and opens a public hearing on HB 2063A.

HB 2063A PUBLIC HEARING

192

Bill Joseph

Committee Counsel. Introduces HB 2063A that enacts 1997 Uniform Principal and Income Act.

220

Chair Minnis

Closes the public hearing on HB 2063A and opens a work session.

HB 2063A WORK SESSION

225

Vice Chair Burdick

MOTION:  Moves HB 2063A to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

228

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

248

Chair Minnis

Closes the work session on HB 2063A and opens a work session on HB 2101.

HB 2101 WORK SESSION

252

Vice Chair Burdick

MOTION:  Moves to SUSPEND the rules for the purpose of Reconsideration of HB 2101.

 

 

VOTE:  6-0

255

Chair Minnis

Hearing no objection, declares the motion CARRIED.

261

Vice Chair Burdick

MOTION:  Moves to RECONSIDER the vote by which HB 2101 received a DO PASS recommendation.

 

 

VOTE:  6-0

263

Chair Minnis

Hearing no objection, declares the motion CARRIED.

264

Bill Taylor

Committee Counsel.  Explains how the -1 amendments remove the conflict with SB 118 (EXHIBIT C).

272

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 2101-1 amendments dated 5/9/03.

 

 

VOTE:  6-0

274

Chair Minnis

Hearing no objection, declares the motion CARRIED.

275

Vice Chair Burdick

MOTION:  Moves HB 2101 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0

278

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

286

Chair Minnis

Closes the work session on HB 2101 and opens a public hearing on HB 2594.

HB 2594 PUBLIC HEARING

290

Carl Myers

Oregon Justice of the Peace Association.  Testifies in support of HB 2594.  Says this is a housekeeping bill.

315

Chair Minnis

Explains that the bill is going to be held for now. Closes the public hearing on HB 2594 and opens a public hearing on HB 2284.

HB 2284 PUBLIC HEARING

332

Bill Joseph

Committee Counsel.  Introduces HB 2284 that allows recommencement of civil action that is involuntarily dismissed without prejudice on any ground not adjudicated merits of action, or is involuntarily dismissed with prejudice because statute of limitations has expired, if action was filed within time allowed by statute and defendant had actual notice of filing of action not later than 60 days after action was filed.

352

Wendy Johnson

Oregon Law Commission.  Submits testimony and testifies in support of HB 2284 (EXHIBIT D).

375

Maury Holland

Professor, University of Oregon Law School.  Submits testimony and testifies in support of HB 2284 (EXHIBIT E).

TAPE 127, A

054

Sen. Walker

Asks about notice not getting to the appropriate person because of a move.

061

Holland

Discusses how notice is served and when it is deemed appropriate service.

098

Sen. Walker

Expresses concern about the concepts on rules and timelines that need to be met

103

Holland

Responds that due respect must be given to deadlines without unnecessarily preventing the merits of a particular issue.

113

Chair Minnis

Asks for clarification of the limit beyond the statute of limitation.

124

Holland

Says it is two years beyond the event.

133

Vice Chair Burdick

Asks how it is determined that actual notice was given.

137

Holland

Says there may be an evidentiary hearing to determine actual notice.

140

Vice Chair Burdick

Asks when that hearing would take place.

142

Holland

Replies that it would take place in the court of the second action.  Discusses when a dismissal might happen when someone complains of insufficient notice even when notice has been given.

179

Sen. Ringo

Discusses further reasons why a trial might be dismissed.  Believes this legislation is a common sense way of handling the issue.

206

Sen. Ferrioli

Asks how many re-filings can be made.

226

Holland

Says it can happen only once.

241

Chair Minnis

Asks about constitutionally sufficient service.

244

Holland

Explains that the due process clause requires a plaintiff to give the best possible notice available.

287

Sen. Walker

Asks about appeals and the alias service concept.

294

Holland

Explains the definition of “alias” as used in testimony submitted.

349

Chair Minnis

Closes the public hearing on HB 2284 and opens a pubic hearing on HB 2279.

HB 2279A PUBLIC HEARING

361

James Damis

Oregon State Bar.  Submits testimony and testifies in support of HB 2279A that enacts revised Uniform Arbitration Act (EXHIBIT F).

428

Chair Minnis

Asks about the hiring of arbitration firms.

460

Damis

Says this legislation does not change the hiring of firms, but that it provides safeguards regarding conflict of interest issues.

TAPE 126, B

024

Chair Minnis

Asks if it would be a conflict for an auto dealer to use a specific arbitration firm.

026

Damis

Explains that it is not the firm, but the arbitrator who is subject to a conflict of interest.

040

Chair Minnis

Contends that certain sections of the bill seem to be in conflict.

052

Damis

Explains those sections of the bill.

070

Chair Minnis

Asks for clarification of the bill that relates to employment.

091

Damis

Explains the process by which terms and conditions of employment are discussed.

127

Sen. Ringo

Asks about provisions that are not consistent with the revised model act.

140

Damis

Discusses case law that says the Uniform Arbitration Act does not apply to terms and conditions of labor agreements.

162

Sen. Ringo

Asks from where this revision was created.

169

Damis

Says it is from the Oregon State Bar.

189

Sen. Ringo

Asks if attorneys representing consumers objected to any part of these revisions.

191

Damis

Responds, no.

219

Sen. Ringo

Wonders about selection of an arbitrator.

225

Damis

Discusses the method used in the selection of an arbitrator.  Says there are two opportunities to veto a suggested arbitrator.

281

Vice Chair Burdick

Closes the public hearing on HB 2279A and adjourns the meeting at 9:30 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 880, -2 amendments submitted by staff, 1 p

B – SB 880, -3 amendments submitted by staff, 1 p

C – HB 2101, -1 amendments submitted by staff, 1 p

D – HB 2284, written testimony of Maury Holland submitted by Wendy Johnson, 5 pp

E – HB 2284, written testimony submitted by Maury Holland, 4 pp

F – HB 2279A, written testimony submitted by James Damis, 1 p